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not recollect how it was put to me by the Attorney General, it may have been as to how the connection was reported to have existed at the time of my first statement, and not as a reiteration of my belief in my statement at that time. I recollect the Attorney General inquiring whether Awoon could be found to be produced as a witness, and my saying that she could be found in Taipingshan. I do not recollect whether this was before or after the meeting of Justices. I am decidedly of opinion, that I must have mentioned it to the Attorney General as the original story. The Attorney General may have taken it to be what Akee pretended it to be. I did not observe that Ma-chow Wong exhibited any confusion upon this. I differed in opinion from Captain Rickett, and based it on that of the Colonial Surgeon. I don't recollect about the flogging, but believe that Ashing and Cock-eye have been in prison frequently for larcenies, and it is likely enough they were flogged—such persons are likely to know the notorious characters employed by Chinese Government officers, and sent by Chinese Government officers to this Colony—they are the most likely to know of any class of men. Ashing is at present in Gaol upon a charge of conspiracy, in connection with his services in Government.
Ashing gave information against a merchant in the Lower Bazaar, and some person residing in a new street in the Queen's Road, which led to the Police forcibly entering their respective houses at midnight. I have not entered in my Journal any of the information given me by Ashing; it had no reference to Gaol affairs, but was simply temporary measures of the Government for the public safety of the colony. I recollect Beaver, who was charged with piracy. Beaver was several times up in my office. I rather think there was an investigation in Beaver's case, and that I was not present. I think I was present when Roberts was once examined in Beaver's case. I recollect an investigation taking place, not with respect to Mr Lapraik's watch, but with respect to the Acting Colonial Secretary's own watch, which was stolen.
Ma-chow Wong has requested me to send for Mr Caldwell, and I have done so. I recollect first when Ma-chow Wong was committed to gaol, he requested to see Mr Caldwell, and, I think, I did send or write to Mr Caldwell mentioning the fact. It was before his trial, I think, and, I think, was for the purpose of seeing him concerning his defence, which is a privilege granted to all prisoners committed for trial. Mr Caldwell has seen him on some occasions since his trial. I wrote once to Mr Grand-Pré a request from Eli Boggs wishing to see him, but I did not give any permission. I rather think that I have the order of admission filed, under the hand of the Acting Colonial Secretary. Mr Grand-Pré did see him.
I have heard since that Boggs wished to see Mr Grand-Pré, to give an account to him of a visit that had been paid him, Boggs, by Mr Lyons, then Inspector of Nuisances, relative to evidence which he, Lyons, was collecting on the subject matter of the inquiry before the Commission—inquiry into the connection between Ma-chow Wong and Mr Caldwell. I recollect all the circumstances of the case alluded to, in which a large number of men were sent into Gaol on Mr Caldwell's warrant, but I think I mentioned at the time I had a written order from Government, authorising me to discharge them. It was a special case—therefore the Hon'ble the Attorney General must have misunderstood me, in as far as that the order was special and not general—applying to one case.
These were one batch of men brought in under Ordinance 2 of 1857, and were discharged by Mr Caldwell's written orders from time to time in one and two or more. I recollect having a conversation at my office with Mr May regarding the desire of the political prisoners to mix up Ma-chow Wong in the case, so that he might derive some advantage from it. As far as I remember, I stated that I did not consider Ma-chow Wong's assistance of much value at the time, but that evidently he was endeavouring to place himself on the same footing as the political prisoners, so that he might derive advantage equally with them from the reward which they expected for their service to Government.
In a conversation with Mr May a few days after I had the depositions, I mentioned to him that I considered the first case was the safer and surer of the two; he differed from me, and drew my attention to some points of direct evidence in the second case, which changed my opinion. It is the practice for the judge to arrange the order in which the charges come up; the Judge seeing in the first case an information covering both confederacy and conspiracy, and also seeing on the back of the information the names of many persons as witnesses, whose names were also on the back of the information in the second case, thought this information for confederacy and conspiracy covered both cases, and under that impression he put first on the calendar.
I had entered a nolle prosequi on the prisoner having been sentenced to 15 years' transportation.
JOHN RICKETT.—Called and examined.
I wish to state that I dislike being examined on this matter. It is about 40 years since I first came to China. I cannot say positively when I first heard of, or saw Mr Caldwell; I heard of him 20 years ago. I decline answering the question whether Mr Caldwell's reputed character was good or bad 20 years ago, when I first heard of him, I did not know him at the time; I was living at Macao, and he at Canton.
From what I have since heard, I think it was fortunate that course was adopted, because I have heard there was a defence to the particular points which linked the circumstantial evidence in the second case with the prisoner.
I was not ordered by the Governor or Government to enter that nolle prosequi; I think the judge from the bench said "Well, Mr Acting Attorney General, as you have got a verdict in this case I suppose you won't proceed with the other;" to which I replied "No, my Lord, I enter a nolle prosequi." The Jury were in the room for about 20 minutes, and while they were in, there was a conversation between the Judge on the bench and Mr Day and myself at the bar, as to whether I should proceed immediately with the second case, in case the jury returned a verdict of acquitted, or whether the court should rise and adjourn for a couple of days.
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I said I was ready to proceed with the case immediately, but there were a good many witnesses, and I did not expect to have it concluded in less than two days. Mr Day said that he was ready to go on at once too, that he was better prepared in that case than in the other; in the midst of this the jury came in with the verdict of guilty; the Court then rose. I went over to the Club, and there in the hall of the Club I met the Acting Colonial Secretary. "Well," says he, "I should say you're glad of that verdict; it saves you some trouble." I said I was never better pleased in my life, as I was utterly worn out.
HENRY KINGSMILL.—Called and examined.
I prosecuted Ma-chow Wong on behalf of the Crown in the first case. I drew two informations for the case of confederating with the pirates connected with the Macao lorcha No 29, I think. There was a particular class of evidence that I wished to get in, and for that reason I drew an information for confederating with pirates, with a count for conspiracy. Fearful lest that information might be objected to on the ground of combining two charges, I drew another simply for confederating for the same case or circumstances; but in the host of depositions taken before the Magistrates, there was a second and totally distinct case included; for that case I drew the third information for confederating.
The facts supporting the two cases were mixed up and down throughout the whole of the depositions, and I had a great deal of difficulty in selecting, and I might say allotting, the evidence between the two cases. I may also mention, that in the case of the Macao lorcha No 29, there were from 15 to 20 pirates, I think, placed in the Dock in the Magistrate's Court at the same time with Ma-chow Wong, and the evidence of great numbers of the witnesses applied in one portion to these pirates, and in the other portion to Ma-chow Wong.
The pirate case was well known to me, for, at the preceding Sessions, I prosecuted four men I think to conviction for the case of the lorcha, and at this particular Sessions having, as I have said, some 15 or 20 other men charged with the same offence—the facts of this case were very prominently in my mind; the evidence in it affecting Ma-chow Wong was purely circumstantial, and I considered I had pretty well mastered the details and bearing of that evidence; at first I did not pay so much attention to the second case against him, as to this particular one; the evidence in the second case was also mainly circumstantial.
Whilst I had the conduct of this case, there was no pressure made upon me either as Grand Juror or Acting Attorney General in favour of Ma-chow Wong. I felt perfectly free in the matter. I had a conversation before the depositions came into my hands with the Acting Colonial Secretary. He said that this was likely to prove a complicated case, that he thought I would act wisely to sift it carefully, and thoroughly make up my mind before I would bring a lengthened case of this kind before the Court, on insufficient evidence.
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